§ 52. Definitions.

As used in this article the term:

(1)

"Applicable codes" means (A) the Atlanta Housing Code of 1987, as amended; (B) any optional housing or abatement standard provided in O.C.G.A. § 8-2-1 et seq. as adopted by ordinance or operation of law, or other property maintenance standards as adopted by ordinance or operation of law, or general nuisance law, relative to the safe use of real property; (C) any fire or life safety code as provided for in O.C.G.A. § 25-2-1 et. seq.; and (D) any building codes adopted by local ordinance prior to October 1, 1991, or the minimum standard codes provided in O.C.G.A. § 8-2-1 et. seq. after October 1, 1991 provided that such building or minimum standard codes for real property improvements shall be deemed to mean those building or minimum standard codes in existence at the time such real property improvements were constructed unless otherwise provided by law.

(2)

"City" means the City of Atlanta.

(3)

"Closing" means causing a dwelling, building, or structure to be vacated and secured against unauthorized in accordance with Section 29 of this Appendix.

(4)

"Director" means the Director of the Bureau of Code Compliance and his designee(s).

(5)

"Drug crime" means an act which is a violation of the "Georgia Controlled Substances Act."

(6)

"Dwellings, buildings, or structures" means any building or structure or part thereof used and occupied for human habitation or commercial, industrial, or business uses, or intended to be so used, and includes any outhouses, improvements, and appurtenances belonging thereto or usually enjoyed therewith and also includes any building or structure of any design.

(7)

"Governing authority" means the Atlanta City Council.

(8)

"Interested parties" means:

(A)

Owner;

(B)

Those parties having an interest in the property as revealed by a certification of title to the property conducted in accordance with the title standards of the State Bar of Georgia;

(C)

Those parties owning a security deed or mortgage and whose name and address appears either on the face of a properly recorded security deed or mortgage from the owner of the property or on the face of a properly recorded transfer of such a security deed or mortgage;

(D)

Any other party having an interest in the property whose identity and address are reasonably ascertainable from the records of the Director or records maintained in the county courthouse or by the clerk of the court. Interested parties shall not include the holder of the benefit or burden of any easement or right-of-way whose interest is properly recorded which interest shall remain unaffected; and

(E)

Persons in possession of said property and premises.

(9)

"Owner" means the holder of the title in fee simple and every mortgagee of record.

(10)

"Public authority" means any member of a governing authority, any housing authority officer, or any officer who is in charge of any department or branch of the government of the municipality relating to health, fire, or building regulations or to other activities concerning dwellings, buildings, or structures in the municipality.

(11)

"Public officer" means the officer authorized by this Article and O.C.G.A. § 41-2-7 through § 41-2-17 to exercise the powers prescribed herein.

(12)

"Repair" means altering or improving a dwelling, building, or structure so as to bring the structure into compliance with the applicable codes and the cleaning or removal of debris, trash, and other materials present and accumulated which create a health or safety hazard in or about any dwelling, building, or structure.

(13)

"Resident" means any person residing in the City of Atlanta on or after the date on which the alleged nuisance arose.

(Ord. No. 2008-65(08-O-1285), § 1, 7-28-08)